Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders

Switzerland

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT
SECTION III: DECISION TO SURRENDER

Art. 24 Authorization of surrender

3 If third parties who have acquired rights in good faith, authorities, or victims whose usual residence is in Switzerland assert rights with regard to the seized objects or assets that may serve as evidence, their handing over shall be subject to the condition that the Court gives the guarantee to return them without cost after conclusion of the proceedings

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION II: SPECIFIC FORMS OF COOPERATION

Art. 40 Handing over of evidence

2 If third parties who have acquired rights in good faith, authorities, or victims whose usual residence is in Switzerland claim rights with regard to objects, documents, or assets as described in paragraph 1, their handing over shall be subject to the condition that the Court gives the guarantee to return them without cost after conclusion of the proceedings.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.